| Jefferson Val. Mail Ltd. Partnership v Franchise Acquisition Group, Inc. d/b/a Goodfella's Brick Oven Pizza Pasta & Steak & Modern Art |
| Motion No: 2007-01660 WC |
| Slip Opinion No: 2007 NYSlipOp 85160(U) |
| Decided on November 29, 2007 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| JEFFERSON VALLEY MAIL LIMITED PARTNERSHIP, Respondent, -against- FRANCHISE ACQUISITION GROUP, INC. d/b/a GOODFELLA'S BRICK OVEN PIZZA PASTA AND STEAK AND MODERN ART, Appellant. |
DECISION
Motion by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellant by February 1, 2008.
Ordered that in the event the appeal is not perfected on or before February 1, 2008, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.
Rudolph, P.J., taking no part.